(PC)Frisby

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MARK RAYMOND FRISBY, 1:20-cv-00228-DAD-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS CASE BE

vs. DISMISSED WITH PREJUDICE FOR

FAILURE TO STATE A CLAIM

STATE OF CALIFORNIA, et al., (ECF No. 15.)

Defendants. OBJECTIONS DUE WITHIN FOURTEEN

DAYS

19 I. BACKGROUND Mark Raymond Frisby (“Plaintiff”) is a former state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On February 10, 2020, Plaintiff filed the Complaint commencing this action in the Sacramento Division of the United States District Court of the Eastern District of California. (ECF No. 1.) On February 13, 2020, the case was transferred to this court. (ECF No. 4.) On March 4, 2020, the court screened the Complaint and dismissed it for failure to state a claim, with leave to amend. (ECF No. 11.) On April 28, 2020, Plaintiff filed the First Amended 28 …